§ 58‑70‑40. Restraining orders; criminal convictions; permit revocations; other permitrequirements.
(a) When it appears tothe Commissioner that any person has violated, is violating, or threatens toviolate any provision of this Article, he may apply to the superior court ofany county in which the violation has occurred, is occurring, or may occur fora restraining order and injunction to restrain such violation, or threatenedviolation. If upon application the court finds that any provision of this Articlehas been violated, is being violated, or a violation thereof is threatened, thecourt shall issue an order restraining and enjoining such violations; and suchrelief may be granted regardless of whether criminal prosecution is institutedunder any provision of this Article.
(b) If an individualproprietor, officer, or partner of the collection agency has been convicted inany court of competent jurisdiction for any crime involving dishonesty orbreach of trust, the collection agency shall notify the Commissioner in writingof the conviction within 10 days after the date of the conviction. As used inthis subsection, "conviction" includes an adjudication of guilt, aplea of guilty, or a plea of nolo contendere. The conviction by a court of competentjurisdiction of any permittee for a violation of this Article shallautomatically have the effect of suspending the permit of that permittee untilsuch time that the permit is reinstated by the Commissioner. As used in thissubsection, "conviction" includes an adjudication of guilt, a plea ofguilty, and a plea of nolo contendere.
(c) In addition to theother qualifications for a permit under this Article, no collection agencyshall be issued or be entitled to hold a permit if the Commissioner finds as tothe applicant or permittee any one or more of the following conditions:
(1) An individualproprietor, officer, or partner of the collection agency has been convicted ofa felony involving moral turpitude, or any State or federal debt collectionlaw.
(2) There is anunsatisfied judgment which is not currently the subject of litigation againstany partner, individual proprietor, or officer of the collection agency oragainst the collection agency.
(3) There is anymaterially false or misleading information in the permit application.
(4) The applicant hasobtained or attempted to obtain the permit through misrepresentation or fraud.
(5) There has been anadjudication that a partner, individual proprietor, or officer of thecollection agency has violated any State or federal unfair trade practice law.
(6) A partner,individual proprietor, or officer of the collection agency has violated orrefused to comply with any provision of this Article or any order of theCommissioner.
(7) Another jurisdictionhas suspended or revoked a collection agency or similar license or permit ofthe collection agency.
(d) In the case of analien corporation that has been issued a permit under this Article, in anaction brought by the Commissioner, service of process upon the parent entity issufficient service of process on the alien corporation.
(e) A collection agencyshall report to the Commissioner any administrative action taken against thecollection agency by another state or by another governmental agency in thisState within 30 days after the final disposition of the matter. This reportshall include a copy of the order or consent order and other information ordocuments filed in the proceeding necessary to describe the action. (1931, c. 217, s. 5; 1979,c. 835; 1989, c. 441, s. 9; 2006‑134, s. 2; 2009‑566, ss. 16, 17.)
§ 58‑70‑40. Restraining orders; criminal convictions; permit revocations; other permitrequirements.
(a) When it appears tothe Commissioner that any person has violated, is violating, or threatens toviolate any provision of this Article, he may apply to the superior court ofany county in which the violation has occurred, is occurring, or may occur fora restraining order and injunction to restrain such violation, or threatenedviolation. If upon application the court finds that any provision of this Articlehas been violated, is being violated, or a violation thereof is threatened, thecourt shall issue an order restraining and enjoining such violations; and suchrelief may be granted regardless of whether criminal prosecution is institutedunder any provision of this Article.
(b) If an individualproprietor, officer, or partner of the collection agency has been convicted inany court of competent jurisdiction for any crime involving dishonesty orbreach of trust, the collection agency shall notify the Commissioner in writingof the conviction within 10 days after the date of the conviction. As used inthis subsection, "conviction" includes an adjudication of guilt, aplea of guilty, or a plea of nolo contendere. The conviction by a court of competentjurisdiction of any permittee for a violation of this Article shallautomatically have the effect of suspending the permit of that permittee untilsuch time that the permit is reinstated by the Commissioner. As used in thissubsection, "conviction" includes an adjudication of guilt, a plea ofguilty, and a plea of nolo contendere.
(c) In addition to theother qualifications for a permit under this Article, no collection agencyshall be issued or be entitled to hold a permit if the Commissioner finds as tothe applicant or permittee any one or more of the following conditions:
(1) An individualproprietor, officer, or partner of the collection agency has been convicted ofa felony involving moral turpitude, or any State or federal debt collectionlaw.
(2) There is anunsatisfied judgment which is not currently the subject of litigation againstany partner, individual proprietor, or officer of the collection agency oragainst the collection agency.
(3) There is anymaterially false or misleading information in the permit application.
(4) The applicant hasobtained or attempted to obtain the permit through misrepresentation or fraud.
(5) There has been anadjudication that a partner, individual proprietor, or officer of thecollection agency has violated any State or federal unfair trade practice law.
(6) A partner,individual proprietor, or officer of the collection agency has violated orrefused to comply with any provision of this Article or any order of theCommissioner.
(7) Another jurisdictionhas suspended or revoked a collection agency or similar license or permit ofthe collection agency.
(d) In the case of analien corporation that has been issued a permit under this Article, in anaction brought by the Commissioner, service of process upon the parent entity issufficient service of process on the alien corporation.
(e) A collection agencyshall report to the Commissioner any administrative action taken against thecollection agency by another state or by another governmental agency in thisState within 30 days after the final disposition of the matter. This reportshall include a copy of the order or consent order and other information ordocuments filed in the proceeding necessary to describe the action. (1931, c. 217, s. 5; 1979,c. 835; 1989, c. 441, s. 9; 2006‑134, s. 2; 2009‑566, ss. 16, 17.)
§ 58‑70‑40. Restraining orders; criminal convictions; permit revocations; other permitrequirements.
(a) When it appears tothe Commissioner that any person has violated, is violating, or threatens toviolate any provision of this Article, he may apply to the superior court ofany county in which the violation has occurred, is occurring, or may occur fora restraining order and injunction to restrain such violation, or threatenedviolation. If upon application the court finds that any provision of this Articlehas been violated, is being violated, or a violation thereof is threatened, thecourt shall issue an order restraining and enjoining such violations; and suchrelief may be granted regardless of whether criminal prosecution is institutedunder any provision of this Article.
(b) If an individualproprietor, officer, or partner of the collection agency has been convicted inany court of competent jurisdiction for any crime involving dishonesty orbreach of trust, the collection agency shall notify the Commissioner in writingof the conviction within 10 days after the date of the conviction. As used inthis subsection, "conviction" includes an adjudication of guilt, aplea of guilty, or a plea of nolo contendere. The conviction by a court of competentjurisdiction of any permittee for a violation of this Article shallautomatically have the effect of suspending the permit of that permittee untilsuch time that the permit is reinstated by the Commissioner. As used in thissubsection, "conviction" includes an adjudication of guilt, a plea ofguilty, and a plea of nolo contendere.
(c) In addition to theother qualifications for a permit under this Article, no collection agencyshall be issued or be entitled to hold a permit if the Commissioner finds as tothe applicant or permittee any one or more of the following conditions:
(1) An individualproprietor, officer, or partner of the collection agency has been convicted ofa felony involving moral turpitude, or any State or federal debt collectionlaw.
(2) There is anunsatisfied judgment which is not currently the subject of litigation againstany partner, individual proprietor, or officer of the collection agency oragainst the collection agency.
(3) There is anymaterially false or misleading information in the permit application.
(4) The applicant hasobtained or attempted to obtain the permit through misrepresentation or fraud.
(5) There has been anadjudication that a partner, individual proprietor, or officer of thecollection agency has violated any State or federal unfair trade practice law.
(6) A partner,individual proprietor, or officer of the collection agency has violated orrefused to comply with any provision of this Article or any order of theCommissioner.
(7) Another jurisdictionhas suspended or revoked a collection agency or similar license or permit ofthe collection agency.
(d) In the case of analien corporation that has been issued a permit under this Article, in anaction brought by the Commissioner, service of process upon the parent entity issufficient service of process on the alien corporation.
(e) A collection agencyshall report to the Commissioner any administrative action taken against thecollection agency by another state or by another governmental agency in thisState within 30 days after the final disposition of the matter. This reportshall include a copy of the order or consent order and other information ordocuments filed in the proceeding necessary to describe the action. (1931, c. 217, s. 5; 1979,c. 835; 1989, c. 441, s. 9; 2006‑134, s. 2; 2009‑566, ss. 16, 17.)
